(a) Criminal penalties. -- Any person violating any provision
of this article or rule adopted hereunder is guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not less
than one hundred dollars nor more than five hundred dollars for the
first offense, and for the second or subsequent offense, shall be
fined not less than five hundred nor more than one thousand
dollars, or imprisoned in the county jail not more than six months,
or both fined and imprisoned. Magistrates have concurrent
jurisdiction with circuit courts to enforce the provisions of this
article.

(b) Civil penalties. --

(1) Any person violating a provision of this article or rules
adopted hereunder may be assessed a civil penalty by the
commissioner. In determining the amount of any civil penalty, the
commissioner shall give due consideration to the history of
previous violations of any person, the seriousness of the
violation, including any irreparable harm to the environment, any
hazards to the health and safety of the public and any economic
damages to the public and the demonstrated good faith of any person
charged in attempting to achieve compliance with this article
before and after written notification of the violation.

(2) The commissioner may assess a civil penalty of up to one
thousand dollars for a violation.

(3) The civil penalty is payable to the state of West Virginia
and is collectible in any manner now or hereafter provided for collection of debt. If any person liable to pay the civil penalty
neglects or refuses to pay the same, the amount of the civil
penalty, together with interest at ten percent, is a lien in favor
of the state of West Virginia upon the property, both real and
personal, of such a person after the same has been entered and
docketed to record in the county where such property is situated.
The clerk of the county, upon receipt of the certified copy of
such, shall enter same to record without requiring the payment of
costs as a condition precedent to recording.

(c) Notwithstanding any other provision of law to the
contrary, the commissioner may promulgate and adopt rules which
permit consent agreements or negotiated settlements for the civil
penalties assessed as a result of violation of the provisions of
this article.

(d) Upon application by the commissioner for an injuntion, the
circuit court of the county in which the violation is occurring,
had occurred or is about to occur, as the case may be, may grant a
temporary or permanent injunction restraining any person from
violating or continuing to violate any of the provisions of this
article or any rule promulgated under this article, notwithstanding
the existence of other remedies at law. Any such injunction shall
be issued without bond.

(e) No state court may allow for the recovery of damages for
any administrative action taken, if the court finds that there was
a probable cause for such action.

(f) It is the duty of the prosecuting attorney of the county
in which the violation occurred to represent the department of agriculture, to institute proceedings and to prosecute the person
charged with such violation.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.